Central Administrative Tribunal - Kolkata
Barun Kr Chakraborty vs S E Railway on 27 September, 2022
1 OA 1754/2015 CENTRAL ADMINISTRATIVE TRIBUNAL KOLKATA BENCH, KOLKATA
0.A./350/001754/2015 Date of Order: 27.09.2022 Coram: Hon'ble Mr. Jayesh V. Bhairavia, Judicial Member .
'Hon'ble Dr. (Ms.)-Nandita Chatterjee, Administrative Member In the matter of :
1. Barun Kumar Chakraborty, aged about 53 years, son of Late Bibhuti Bhushan Chakraborty, working to the post of Chief Telephone Operatbr in the Headquarters office of South-Eastern Railway, Garden Reach, Kolkata-
700043 and residing at Village and Post Office-Mellock, Bagnan, District- Howrah, Pin-711303.
2. Malay Kumar Bhattacharya, son of Late Anath Nath Bhattacharya, working to the post of Chief Telephone Operator in "the Headquarters office of South-Eastern Railway, Garden Reach, Kolkata-
700043 and residing at 33, K. N. Sen Road, Kasba, Kolkata-700042.
3. Soumen Majumder, son of Satya Ranjan Majunder, working to | the post of Chief Telephone Operator in the Headquarters office of South- © O8 1754/2018 Eastern Railway, Garden Reach, Kolkata-700043 and residing at 8/6/28, Kalyani, Post Office-Kalyani, -- District- Nadia, Pin-741235.
A, Goutam Roy, son of Late Bimalendu Roy, working to the past of Senior Telephone Operator in the Headquarters office of South-Eastern Railway, Garden Reach, Kolkata- . 700043 and residing at 186, Kasba -- Road, Kalkata-700042.
wees Applicants Vs.
1. Union of India, service through the Secretary, Ministry of Railway, Government of India, Rail Bhawan, Rafi Marg, New Delhi-110001.
2, The General Manager, South _fastern Railway, 11, Garden Reach. Road, Kolkata-700043, |
3. The Chief Signal and Telephone © Engineer (Co-Ordination), South Eastern Railway, 11, Garden Reach Road, Kolkata-700043..
4A. The Divisional Raliway Manager (P}, South Eastern Railway, Kharagpur Division, Kharagpur, West Midnapur, Pin-721301,
5. The Senior Deputy Signal and Telecom Engineer (Co-ordination), South Eastern Railway, Kharagpur Division, Kharagpur, West Midnapur, Pin-721301. | 4 SS : OA L754/2018
6. The Deputy Signal.and Telecom Engineer (Telecom), South Eastern Railway, Kharagpur Division, Kharagpur, West Midnapur, Pine 721801, wun Respondents For The Applicant(s) Mr. P. C. Das, Counsel Ms, T. Matty, Counsel For The Respondent(s): Mr. S. Chatterjee, Counsel ORDER(ORAD Pert Hom ble Mr. Javesh V. Bhairavia, Judicial Member oa Learned Counsel for both sides are present and heard.
2. The applicants: have approached this Tribunal under Section 19 of the Administrative Tribunals Act, 1985 praying for the following relief:
"q] Leave may be granted ta the spphcants to file this application jointly under Rule 4 {5} fa) of the Central Administrative Tribunal {Procedure} R ules, 198? as the applicants have o commen grievance;
&} Te quash and/or set aside the impugned office order dated {SIG20I5 issued by the Divisional Personnel Offcer-i, Sduth- Eastern Baiivoy, Kharagpur in the office of Divisional Raliway Manager {P), Kharagpur whereby and whereaader the comicants have Been transferred fram Headquerters Office, Garden Reach, Kolkata as Chief Telephone Guerator aad Seqlor Telephone Qperator to Senior Clerk and Junior Clerk to South-Lastem Roiiwoy, Kharagpur Dhdsian being Annexure A-3 of this original application, . ¢} Ta quash and/or set oside. the impugned order signed by the Senior Deputy Signal and Telecam Engineer, {Co-ordination}, Kharagpur on 13.40.2015 and' date fas been nientioned Jn. the impugned order of transfer as 27" October, 2018 by which the gopliconts have been transferred from Gorden Reach Heagquarters - office to Kharagpur Division whereby your aoplicants® designations - have been changed from Chief Telephone Dpervier nad Senior Telephone Operates to Senior Clerk and Junior clerk and also your 4 oo OA 1784/2015, applicants' pay hos been reduced from Chief Telephone Operator to Senior Clerk being Annexure 4-4 of Nils original application,
a) To pass en appropriate order directing upon the respondent outhority te allow the present applicants te resume duty to the post of Chief Telephone Operator and Seaiar Telephone Operator in the Headquarters office of South-Eastern Railway, Garden Reach, Kolkate against the sonctianed post of ten sumbers in terms of the office istter dated 4° September, 2012 issued by the Chief Signal and Feleshone Engineer (Co-ordination) South-Eastern Railway;
@} The reseanderits be directed nat to chunge the designations of the present applicunts and they can puss redeployment order by gibing higher post in favour of the appliconts which they have actually dene in the case of similarly circurnstanced persons which is:
appearing at Annexure A-5 of this original application.
a nS
3. in the instant original application, it is noticed that aggrieved by their transfer/redeployment order, the applicants herein had filed the present original application in the year 2015. Today, the matter has been taken up for final disposal, with the consent of both the parties.
4. At hearing, Learned Counsel for the applicants would submit that, during the sendency of this orainal Application, applicant no. 1, 2 and 4 have retired, and so far applicant ne. 3 is concerned, he had submitted his representation within-a relevant time before the competent respondent authority for redressal of his grievances, Learned Counsel for the applicants would fairly submit that applicant no, 3 would be fairly satisfied if appropriate directions be issued upon the competent respondent authority to consider his pending representation in accordance with law.
5. On the other hand, Learried Counsel for the respondents does not have any objection if a direction is issued to the authorities to consider the representation preferred by the applicant, in accordance with law.
5 OA 1754/20156. Considering the aforesaid request on behalf of the applicant, this Tribunal would deem it fit to dispose of this original application with a direction upon the respondents if any case exists with regard to the grievance of anplicant no. 3, the _ same may be cansidered in accordance with the law, within a period of 90 days fram the date of receipt of a copy of this order, and the decisian therean be cornmunicated to the applicant herein. |
7. in view of the above directions, the instant O.A. is disposed of. No costs.
we (Dr. Nandita Chatterjee} (Mx. Jayesh V. Bhairavia} Administrative Member _ Judicial Member ai